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The Law On The Fight Against The Loss Of Oats

Original Language Title: Laki hukkakauran torjunnasta

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Law on the fight against hoops

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In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Objective

The purpose of this law is to maintain high quality plant production by promoting the fight against waste.

ARTICLE 2
Scope

This law concerns measures to combat the loss of waste and prevent its spread.

ARTICLE 3
Definitions

For the purposes of this law:

(1) On a flared period The seed or plant of Avena fatua, Avena ludovicina and Avena sterilised;

(2) Region The fields of fear or other land or of the areas adjacent to them, the porters of the oers and the areas within the economic centre of the holding;

(3) Marketing On the sale of crops received or any other form of supply for remuneration, storage operations for sale, offering for sale, free of charge for commercial exploitation and making payments available for payment Or free of charge on the European Union market for distribution or use within the Union;

(4) Imports: Imports of crops from crops other than those of the European Union or of the European Economic Area;

(5) On the export Sowing seed for export to non-European Union or European Economic Area Member States;

(6) The trader Any natural or legal person who produces, markets, import or export products and goods from plant production;

(7) Holder A natural or legal person under control of the territory.

Chapter 2

Operational activities

§ 4
Pesticide obligation

The holders of a crop or located in its vicinity shall ensure that measures are taken to prevent the occurrence and spread of waste.

The decree of the Ministry of Agriculture and Forestry provides for more detailed provisions on the prevention and non-proliferation of waste in areas adjacent to and adjacent to them.

§ 5
Notification obligation

Any person who knows or suspects that in the area he is in possession of, a deposit with a loss of which has not previously been notified to the Authority shall be notified without delay to the rural economy authority of the region in which the region is located ( Rural economy authority ).

A public authority or an authorised inspector who, in the context of any other inspection or measure to be carried out in the area, finds hooray in the area, shall indicate the presence of the loss of a waste career to the rural economy authority in the region.

The decree of the Ministry of Agriculture and Forestry lays down more detailed provisions on the content of the notification and the notification procedure.

ARTICLE 6
Review and control plan

After receiving the notification referred to in Article 5 or in any other way, the rural economy authority shall without delay carry out a review in the area. If, on the basis of a view of the region, a waste collage is detected, the rural economy authority shall immediately issue a guide to the area of stranded waste. If the holder does not comply with the control or the area is seriously affected by the waste, the rural economy authority shall carry out a plan for the fight against the region.

In the context of the review, the person concerned may decide on the measures to be taken during the current growing season in order to combat the loss of waste if there is a direct risk of the spread of the loss during the growing season. The decision on measures to be taken during the growing season shall be made available without delay to the rural economy authority. The decision shall lapse if, within two weeks of the adoption of the decision, the rural economy authority has not resolved the measures relating to the current period of growth. The interim control plan shall be repealed at the same time as the control plan referred to in paragraph 1 shall be adopted.

The rural economy authority shall transfer the control plan to the Centre for Enterprise, Transport and the Environment, where there are specific reasons for it, or if the area where the loss of waste is present is located in several municipalities. (22.12.2009)

The Ministerial Decree of the Ministry of Agriculture and Forestry lays down more detailed provisions on the carrying out of a review, on the content of the control plan and of the interim control plan and on the transfer of the plan to combat it.

§ 7
Obligation to provide information

Where, on the basis of a trade or other contract, an area where a loss of waste occurs on the basis of a trade or other contract, the transferor and the holder shall be obliged, prior to the conclusion of the contract, to provide information to the other party on the occurrence of the loss.

The rural economy authority or any other authority referred to in Article 10 shall be obliged, upon request, to provide information on the occurrence of a loss of life in the event of a trade or other agreement on the basis of an agreement.

§ 8
Restrictions and obligations on products and goods and territories contaminated with waste

In the case of cereals, seeds, seeds, hay, vegetable waste, achen, seed and seed of cereals and seeds, domestic animal manure, soil and soil improvers must not be transported, preserved or Be treated in such a way as to create a risk of the spread of waste.

The products or goods listed in paragraph 1, which have been imported and found to exist in the country, shall not be marketed or disposed of in a manner related to the risk of the spread of waste. Also, the product or articles used for ornamental purposes, which contains waste, must not be marketed.

The holder of the region and the trader with a crop or a waste of cereals, or a waste of cereals, or a breeding stock, shall be incinerated or otherwise disposed of in such a way as to avoid the risk of the spread of waste.

The Ministerial Decree of the Ministry of Agriculture and Forestry provides for more detailed provisions on the handling of products and goods and territories contaminated with waste.

Chapter 3

Authorities

§ 9
General control and control

General guidance and supervision of the implementation of this law is part of the Ministry of Agriculture and Forestry.

ARTICLE 10 (22.12.2009)
Supervisory authorities

The implementation of this law and the monitoring of compliance with this law and of the provisions adopted pursuant to it shall be carried out by the Food Safety Agency, which shall use its control to help the industry, transport and environmental centres And the rural economy.

In addition to the Food Safety Agency, imports of products and goods from plant production are controlled by the customs authorities.

ARTICLE 11
Authorised inspectors

In addition to the provisions of Article 10, the Authority may, in writing, use the assistance of inspectors authorised in writing under the supervision and cooperation of the Food Safety Authority, in cooperation with the Food Safety Authority, The Agency and the Rural Development Authority. The authorised inspector shall be subject to the provisions relating to criminal liability in the performance of his duties under this Act. (22.12.2009)

If the authorised inspector is the administrative law (2003) To perform his/her duties, the control centre may order someone else to perform his duties on a temporary basis. An ad hoc person shall be subject to the provisions of the authorised inspecting officer. (30.7.2004)

When carrying out an inspection, the authorised inspector shall pay attention to the fact that the trader may give him his or her views in Finnish, Swedish or Sami in his mother tongue. If the holder or the trader does not know the language law (2003) , the inspector shall ensure that the inspection is carried out by means of the interpretation and translation necessary in accordance with Article 26 of the Administrative Code. (30.7.2004)

Chapter 4

Control and inspection

ARTICLE 12
Control plan

The inspection centre shall draw up an annual control plan for the organisation of controls. The decree of the Ministry of Agriculture and Forestry lays down more precise provisions on the control plan and its content.

ARTICLE 13
Right of access

For inspection and control purposes, the supervisory authorities and the authorised inspectors shall be entitled to inspect arable crops and crops and areas adjacent to them, arable crop production and packaging facilities, storage sites and Transport equipment and free of charge samples of the arable crops and products and goods referred to in Article 8. In the context of domestic peace, an inspection may only be carried out by an authority and an inspection may be carried out only if it is necessary in order to ascertain the facts of the case and there are reasonable grounds for suspecting someone guilty of The procedure provided for in the sentence.

The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on the sampling and investigation of samples and on the rest of the inspection and surveillance procedure.

ARTICLE 14
Right to information

The supervisory authorities and the authorised inspectors shall be entitled to obtain the information and documents necessary for the verification and control referred to in this law from the holder and the trader.

§ 15
Hull pile register

For the purposes of control, each municipality's rural economy authority shall keep a register of areas where there has been a loss of life.

The register shall contain the following information:

(1) name and address of the holder of the territory and other contact details;

(2) the area code for the territory, if any;

(3) the symbol of the base parcel or any other area where the loss of waste is present;

(4) the dates on which the declaration of the discovery of the loss of the waste is carried out and the viewing or viewing has been carried out, as well as the degree of detection and the control plan or interim control plan established;

(5) penalties and other measures imposed pursuant to Articles 18 to 20;

6) the date on which the area has been identified as free of loss.

The rural economy authority shall remove the area from the register two years after the rural economy authority has, at the request of the holder of the territory, identified the area as free of loss.

The collection and storage of personal data in the registers referred to in paragraph 1 and the use and transmission of data deposited in registers shall be subject to any other information in the ic (152/1999) And the law on public authorities' activities (18/09/1999) Provides.

The Decree of the Ministry of Agriculture and Forestry may provide for more detailed provisions on keeping the register and establishing the area free of waste.

ARTICLE 16 (22/2011/848)
Disclosure of confidential information

Without prejudice to the obligation of professional secrecy laid down in the law on public authorities' activities, information obtained under this law shall be obtained from the financial position of the private or the Community, or the movement or The professional secrecy shall be handed over to the prosecutor and police officer by means of (806/2011) In order to establish the offence referred to in Article 2 and to the authorities referred to in Chapter 3 of this Act for the purpose of carrying out their duties under this Act.

§ 17
Premiums and reimbursement of expenses

Inspectors authorised by the inspection centre may be subject to a fee and cost compensation within the limits of the State budget. The Ministry of Agriculture and Forestry is responsible for the payment of premiums and allowances.

ARTICLE 18
Reimbursing costs

If the costs resulting from the control of the loss of life provided for in this Act are considered to be a significant deterioration in the economic status of the holder of the territory, they may, upon application, be made up of, or in full, State resources. The Decree of the Ministry of Agriculture and Forestry lays down more detailed rules on the procedure to be followed for the reimbursement of costs.

Chapter 5

Administrative coercive measures

§ 19
Disposal and export orders

Where the product or goods referred to in Article 8 are marketed or disposed of in spite of the risk of the spread of a loss of life, the control centre may order the product or the goods to be exported or disposed of. The decision may be accompanied by conditions for the procedure to be followed for its implementation.

§ 20
Threat and commissioning

An authority which has issued a control plan or an interim control plan as referred to in Article 6 or issued an export or export order as referred to in Article 19 may intensify its execution by periodic penalty payments or at the risk of: Shall be carried out at the expense of the defaulter.

The matter of the periodic penalty payment and the threat of commission shall otherwise be applicable in the case of the (1113/1990) Provides.

ARTICLE 21
Penalty provision

A breach of the obligation laid down in Article 4, the notification obligation laid down in Article 5 (1) or the restriction laid down in Article 8, or the failure to comply with the obligation laid down in that provision, Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On the violation of the law on the fight against waste Fine. Any violation of a penalty or an obligation imposed by the penalty imposed by this law may be waived for the same offence.

The inspection centre shall, on behalf of the authorities referred to in Chapter 3, notify the offence of criminal prosecution. The notification may not be made without an offence which, as a whole, must be considered to be negligible. In such a case, the control centre may issue a written notification to the offender, calling on him to correct the errors found.

Chapter 6

Outstanding provisions

§ 22 (31.1.2015)
Appeals appeal

The decision referred to in Article 6 or the decision referred to in Chapter 5 of the Municipality of the Municipality of Municipality of Municipality of Municipality of Municipality of Municipality of Municipality of Municipality of the Municipality of Municipality of the Municipality of Municipality of the Municipality of Municipality of the Municipality of the Municipality of Municipality or, in the case of the Municipality of Municipality, may require an adjustment Domicile is located.

The decision referred to in Article 6 or Chapter 5 of the rural economy of the municipality, the decision of the Food Safety Authority and the decision of the Agency for the Improvement of Living, Transport and the Environment, or any other decision, may be appealed against. By complaining to the administrative court of Hämeenlinna, as in the case of administrative law; (18/06/1996) Provides.

The decision of the administrative court in respect of a case referred to in Article 6 or in Chapter 5 shall be subject to appeal by the appeal to the Supreme Administrative Court as laid down by the Administrative Law. An appeal against a decision of an administrative court shall be lodged only if the Supreme Administrative Court grants an appeal.

ARTICLE 23
Implementation

A decision under this law may stipulate that the decision must be complied with before it has obtained the force of the law, unless the Board of Appeal decides otherwise.

§ 24
Official assistance

The supervisory authorities shall have the right to obtain administrative assistance from other authorities in order to carry out their duties under this Act and the provisions adopted pursuant thereto.

ARTICLE 25
Entry into force

This Act shall enter into force on 1 May 2002.

This law repeals the Act of 20 February 1976 on the control of the loss of waste (178/1976) With its subsequent modifications.

Before the entry into force of this Act, measures may be taken to implement it.

THEY 50/2001 MmVM 17/2001, EV 213/2001

Entry into force and application of amending acts:

30.07.2004.

This Act shall enter into force on 4 August 2004.

THEY 70/2004 , MmVM 6/2004, EV 70/2004

22.12.2009/1490:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009

30.3.2010/2:

This Act shall enter into force on 1 April 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 232/2009 , MmVM 2/2010, EV 26/2010

ON 22.7.2011/8:

This Act shall enter into force on 1 January 2014.

THEY 222/2010 , LaVM 44/2010 EV 374/2010

31.1.2014/82:

The entry into force of this Act shall be regulated by law.

L 82/2014 Enters into force on 1 September 2014 75/2014 In accordance with

THEY 121/2013 , MmVM 17/2013, EV 186/2013